WELL-LIVING IN THE PLURINATIONAL STATE

THE "REENCHANTMENT" OF THE WORLD THROUGH THE CONSTITUTIONAL PROJECTION OF THE ANDEAN COSMOVISION

Authors

Abstract

The Modern State in Latin America, coming from euro-north-american constitutional models and thought under a liberal and anthropocentric paradigm, is not capable of representing latin populations, nor does it present adequate solutions for latin socio-economic and environmental issues. Then comes the proposal of a Plurinational State, based on Well-Living and the protection of the rights of Pachamama, which recognizes the plurality of cosmovisions of the various original latin people, which was materialized by the promulgation of constitutions such as Ecuador’s and Bolivia’s. The present work sought to verify to what extent the insertion of aspects of the andean worldviews into the new latin constitutional processes impacted legal dogmatics. For that, it were used the deductive approach method and the bibliographic procedure method. In the end, it was concluded that there is a need for the very notion of law and rights to be rethought in order to fully manifest andean epistemologies.

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Author Biographies

  • Giulia Melo de Mello, Universidade Federal de Santa Maria (UFSM)

    Acadêmica de Direito pela Universidade Federal de Santa Maria (UFSM). Membra do Grupo de Pesquisa do Direito da Sociobiodiversidade (GPDS/UFSM).

  • Samuel Mânica Radaelli, Instituto Federal do Paraná (IFPR/Palmas)

    Professor do IFPR/Palmas, Doutor em Direito pela Universidade Federal de Santa Catarina (UFSC).

Published

2021-12-01